Here's the case study question: A) Advice Andy whether he has any cause of action against Betty his tutor, for stealing his idea for a comedy routine and having it published as her work. B) with reference to the Copyright act 1968(cth) explain why the book that Betty wrote and caused o be published is protected by copyright . C) explain why the performances of how the mighty fall are protected by copyright D) what do laughs a lot need to prove to succeed in an action for breach of copyright against Bety?

PART B - Question 3. - Intellectual Property Law - OPTIONAL - (35 Marks) While studying performing arts at university Andy discussed with one his tutors, Betty, an idea that he had for a standup comedy routine. He told Betty that he intended to write it and have it published under the title: How the Mighty Fall. Without Andy's knowledge, Betty in fact wrote a comic book incorporating Andy's ideas and had it published. She even used the title How the Mighty Fall as the title for her work. After negotiating a satisfactory deal Betty then assigned her copyright to the comic book to the publisher. A local theatrical company, Laughs a Lot, then obtained permission from the publisher to write a theatre play based on Betty's comic book. Always on the lookout for a good comedy show Andy attended a performance of a play by Laughs a Lot which happened to be called How the Mighty Fall. As he watched it Andy soon learned that the performance was entirely based on the story line that he had shared with his tutor, Betty, and for which she was now given total credit as its creator. How the Mighty Fall was widely acclaimed amongst the critics as one of Australia's best situational comedies. Andy accused Betty of 'stealing his idea' insisting that he owns the copyright to How the Mighty Fall. Betty obtained permission from Laughs a Lot to record one of their live performances to show to her performing arts students. She then made DVDs which she advertised for sale on the internet as follows: How the Mighty Fall You'll split Your Sides Limited edition DVDs Personally autographed by its creator, Betty Only $30 To date Betty has sold over 1000 copies of the DVDS. When Laughs a Lot found out that she was selling copies of their performance they immediately contacted their solicitor who wrote to Betty requesting her to immediately stop selling recorded copies of How the Mighty Fall and claiming compensation, Betty insists that since she is its creator she is within her rights to continue selling copies of How the Mighty Fall